• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Mom Killed by Hit and Run truck driver!!!!!!!!

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

zzzCLUELESSzzz

Junior Member
:mad: :( What is the name of your state? Alabama

This could be long please bare with me. I will do my best to sum it up as quick as possible......
My mom (who lived in Tallahassee Florida) and sister where traveling back home from visiting me (lives in Indiana). They was going through Birmingham Alabama and hit by a semi. The way I am explained the accident is that There was a RV on fire a little ways up the interstate, Traffic was down to 1 lane (the right) and moving at about 5 to 10 mph. There was a semi that was in the left lane trying to get infront of everythe traffic He was running fast (not sure how fast) When he ran out of road he cut over and hit my moms car in the rear end drivers side. Causing her car to spin pinning the driver side door again the tailgate of the truck infront of her. The Driver of the Semi pulled over in the emergancy lane about 1/4 of a mile from the sight. He got out of his truck and tightened his load back down, got back in his truck and took off. ( He was cought 3 days later in Tennessee) My sister was not hurt except a few minor bumps and bruises. My mom died @ the hospital her lungs had collapsed and her aorta had been cut. The person that caused this and left has been charged with leaving the sence of and accident W/ injury or death. He had no proir record and only 1 ticket in the past 10 years for a seatbelt. I am still unsure if he worked for a company or if he was an private contractor. I have not been given a lot of information.

Now my questions are these
1) My mom has been married for the past 6 years. Does her husband have control over everything???? Or do my sister and I have rights too?
2) I know that there should be some kind of wrongful death suit filed, Who files it???
3) If my mom's husband files onhis own does that stop my sister and I from being able to?
4) What state does suit have to be filed in???

I am not trying to cut him out from anything he was wonderful to my mom. He treated her very well. I am sure they had a few life insurance policy's on each of them (2 a piece that I am aware of) I want no part of her life insurance. She set that up however she wanted it. I do not want her belongings they are her husbands to decide what he wants to keep and what he doesn't. I just do nt want him to cut me or my sister out in the suit that I am sure will be filed. Him and I were not close I had only met him a handful of times. I have not lived in the same state with my mom in 12 years. I know that my mom would want us to sue to make sure her grand children went to college as she so wanted.

Can anyone please advise me????
Sorry for this being so long...
 


shortbus

Member
You need a lawyer. Injury law varies state to state. There may be multiple states you can file in, and you may have the choice of state or federal court.Which you choose depends on which has the most favorable traits for your case.

If your mother's husband files a suit, that does not preclude you from filing your own suit.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top